Legal Opinion
Horton v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Decided June 19, 1923PublishedCited by 1 opinion
1Opinion of the Court
Van Kirk, J.:
On Sunday, May 29, 1921, about nine-fifteen a. m., the deceased, while driving southerly in a motor car, was killed at a grade crossing of defendant’s road which runs east and west. Upon a former appeal we decided that defendant’s negligence was for the jury (202 App. Div. 428). The evidence on the second trial is not materially changed in this respect. The vital issue is the contributory negligence of the deceased; and this question involves the construction of the so-called “ Disc Sign Act ” (Railroad Law, *764§ 53-a, as added by Laws of 1919, chap. 438). The disc sign, of the size…
2Cases cited6 opinions
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- Martin v. HerzogNew York Court of Appeals · 1920
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Avery v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1912
- Raymer v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1923
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3Cited by1 opinion
- Fleahman v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1923